| People v Harris |
| 2017 NY Slip Op 05971 [153 AD3d 552] |
| August 2, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Myles Harris, Appellant. |
John P. Savoca, Yorktown, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zuckerman, J., at plea; Everett, J., at sentencing), rendered August 27, 2015, convicting him ofattempted assault in the first degree and criminal possession of a weapon in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant'svalid waiver of his right to appeal precludes review of his claim that his pre-plea request torelieve assigned counsel and to substitute new counsel was improperly denied (see People v Weston, 145 AD3d746, 747 [2016]), and his contention that the sentence imposed was excessive (seePeople v Lopez, 6 NY3d at 255-256; People v Guillebeaux, 136 AD3d 1055 [2016]).
However, the defendant's claim regarding the voluntariness of his plea survives his waiver ofthe right to appeal (see People v Seaberg, 74 NY2d 1, 10 [1989]; People v Haywood, 122 AD3d769, 770 [2014]). The decision to permit a defendant to withdraw a previously entered pleaof guilty rests within the sound discretion of the court and generally will not be disturbed absentan improvident exercise of discretion (see CPL 220.60 [3]; People v Douglas, 83 AD3d 1092[2011]). Contrary to the defendant's contention, the County Court providently exercised itsdiscretion in denying, without a hearing, his motion to withdraw his plea of guilty. The recordestablishes that the defendant knowingly, voluntarily, and intelligently entered a plea of guilty(see People v Sougou, 26 NY3d1052, 1054-1055 [2015]; People vRodriguez, 142 AD3d 1189, 1189-1190 [2016]; People v Jemmott, 125 AD3d 1005, 1006 [2015]). The defendant'scontentions that he was coerced by his attorney into taking the plea and he was not mentallystable when he accepted the plea are belied by the record (see People v Raymond, 150 AD3d 766 [2017]; People v Ward, 140 AD3d 903[2016]). Leventhal, J.P., Barros, Connolly and Brathwaite Nelson, JJ., concur.